PEGASUS: A FUTURE OF NO PRIVACY (By-Ayushi Upadhyay)
It takes less than five minutes for
the attacker to implant the spyware and infect the person’s device, without the
knowledge of the user. Just how dangerous it would be give your control to a
complete stranger without you knowing about it. This is what this malefic
spyware does. Now, not only individuals but the “largest democracy” in the
world is falling prey to a spyware developed by a private company.
For decades the surveillance agencies
has been accused for its clandestine nature of working, sometimes being exposed
in the public. The software industry has always claimed their assistance to
Government but has failed miserably in attaining public trust. The rate at
which this spyware is being used is not only violating human rights across the globe
but is quite staggering. This issue should be addressed at the international
platform, seeking participation and strenuous efforts from more and more
countries.
The functioning of this spyware is ultra
vires of the principles established in K.S. Puttasawamy v. Union of
India [1].
The breach of privacy has led to a worldwide rage. It is disheartening to see
that the Indian Government has refused to address this issue and has left the
questions concerning their involvement and use untouched. Though this issue is
pending before the Hon’ble Supreme Court, which has recently formed an
Independent Committee of technical experts that will enquire and investigate
into this matter thoroughly, stating that Centre cannot always let go of such
issues wherever national security is concerned. A bench comprising of Chief
Justice NV Ramana and Justices Surya Kant and Hima Kohli stated that there has
not been any denial by the Centre regarding this matter. The Committee will
also give recommendations and amendments as and when required. According to the
report by The Indian Express the bench on selecting the Committee
members said, “It would be appropriate to state that in this world of
conflicts, it was an extremely uphill task to find and select experts who are
free from prejudices, are independent and competent. Rather than relying upon
any Government agencies or any, we have constituted the Committee and
shortlisted expert members based on bio-data and information collected
independently.”[2]
As citizens who are open to these vulnerabilities without
adequate accountability from the government, we need to start pushing for a
surveillance reform and the need for a judicial
oversight in our surveillance framework. As of now everything
is done by the Executive, including the review or the interception Orders.
There is a critical need for judicial oversight of all interception rders like
there is in the United Kingdom. The surveillance orders must be reviewed and
approved by a judge before it can be enforced.[3]
Since we have unconditionally rooted ourselves to
technology and gadgets, it is somewhat unfeasible to imagine life without it.
There are manifold prospects of cutting-edge technology but the consequences
comes in free, and even a little default can result into adversity. There is a
need of awareness among people about their privacy rights, accurate knowledge
can help in highlighting the fact that indirectly we are being deprived of
freedom of speech and expression, and as rightly said by George Washington, “If
freedom of speech is taken away then dumb and silent we may be led, like a
sheep to the slaughter house.” [4]With
an ever increasing dependency and screen time, it is very likely that users’
like us are more prone to fall for this spyware. Albeit the fact that the
Government has launched various schemes keeping in mind safety of the citizens,
risks are always susceptible. Demanding accountability from the Government has
visibly become a futile effort. Thus, our safety rests in our own hands.